In Canada, a provincial police “wellness check” during a mental health crisis can alert the Canada Border Services Agency (CBSA) to your undocumented status via the CPIC database. If CBSA issues a Section 44 report against you, you must contact a deportation defence lawyer immediately to challenge the admissibility hearing or apply for an administrative deferral of removal.
Experiencing a severe mental health crisis is terrifying, but for undocumented individuals in Canada, calling 911 for help carries an additional layer of fear. Often, when a bystander or family member calls for a wellness check, local municipal police or the RCMP arrive alongside paramedics. While their primary goal is your physical safety, police officers routinely run names through the Canadian Police Information Centre (CPIC) database. If you have overstayed your visa or have a prior removal order, this database instantly flags you to immigration authorities.
This systemic overlap means that a medical emergency can rapidly turn into an immigration nightmare. 📍 Whether the wellness check happened in Toronto, Vancouver, or Calgary, the police may notify the Canada Border Services Agency (CBSA). The CBSA will then draft a Section 44 Report outlining your immigration violations. If you have been detained or issued this report, you are officially in the deportation pipeline, and fast legal action is required to keep you in Canada.
Step-by-Step Process After a Section 44 Report in Canada
Receiving a Section 44 report means the government believes you are inadmissible to Canada. The process moves quickly, and you must follow these critical steps to defend your rights and your health.
Step 1: Understand How CBSA Found You
Recognize that local police are legally permitted to communicate with CBSA. If the police detained you under a provincial Mental Health Act (e.g., taking you to a hospital in Ontario or British Columbia for a 72-hour psychiatric hold), CBSA officers may wait until you are medically cleared before arresting you for immigration violations. Do not sign any immigration documents without a lawyer present.
Step 2: Review the Section 44 Report
Obtain a copy of the Section 44(1) report written by the CBSA officer. 📝 This document outlines exactly why you are deemed inadmissible-most commonly for overstaying a visa (non-compliance) or working without a permit. Depending on your status, the CBSA officer will either issue a removal order directly (like an Exclusion Order) or refer your case to the Immigration and Refugee Board (IRB) for a formal hearing.
Step 3: Retain a Deportation Defence Law Firm
You cannot fight CBSA alone, especially while recovering from a mental health crisis. Hire a Canadian immigration lawyer immediately. A lawyer will step in to communicate with CBSA on your behalf, ensuring your medical vulnerability is documented and that your Charter rights were not violated during the police interaction.
Step 4: Attend the Admissibility Hearing
If your case is referred to the Immigration Division of the IRB, your lawyer will represent you at the Admissibility Hearing. 🗣️ While the IRB member must issue a removal order if the legal facts are true (e.g., you did overstay), your lawyer can use this hearing to formally present evidence of your mental health crisis, laying the groundwork for humanitarian relief.
Step 5: Apply for a PRRA or Deferral of Removal
Once a removal order is issued, your lawyer must act to stop the actual deportation. If returning to your home country puts your life at risk due to your mental illness, your lawyer will file a Pre-Removal Risk Assessment (PRRA) or an urgent Humanitarian & Compassionate (H&C) application. Simultaneously, they will formally ask CBSA for an Administrative Deferral of Removal based on your fragile psychiatric state.
How Much Does it Cost in Canada?
Defending against an active CBSA deportation proceeding involves urgent and intensive legal work. As of June 2026, here are the estimated costs in CAD:
- Admissibility Hearing Representation: Hiring a law firm to prepare for and represent you at an IRB Admissibility Hearing generally costs between $3,000 and $7,000 CAD.
- Filing a PRRA or H&C: Drafting complex risk assessments or humanitarian applications based on mental health grounds typically ranges from $4,000 to $8,000 CAD.
- Federal Court Stay Application: If CBSA refuses to defer your removal, filing an emergency motion in the Federal Court to halt the deportation can cost $5,000 to $10,000 CAD.
- Psychiatric Reports: You will likely need a private Canadian psychiatrist to evaluate you and write a report proving you cannot travel, which costs around $2,000 to $4,500 CAD.
How Long Does the Process Take?
The deportation pipeline operates on strict, unforgiving timelines. ⏳ After a Section 44 report is issued, an Admissibility Hearing at the IRB can be scheduled within just a few weeks to months. Once a removal order is made, CBSA may attempt to enforce it within 30 to 60 days. Filing a PRRA can pause the removal for several months while it is evaluated, but if an emergency Federal Court stay is needed, your lawyer may only have a matter of days or hours to file the paperwork before your flight.
Understanding CBSA Enforcement Actions
| Section 44(1) Report | The initial report written by CBSA alleging you broke immigration laws. |
| Admissibility Hearing | A formal tribunal hearing where a judge decides if you are legally inadmissible. |
| Departure Order | Requires you to leave Canada within 30 days; turns into a Deportation Order if ignored. |
| Administrative Deferral | A temporary pause on your removal granted by CBSA, often for urgent medical reasons. |
Frequently Asked Questions (FAQ)
Can the police arrest me at the hospital for immigration reasons?
Generally, police and CBSA wait until you are medically cleared by doctors before executing an immigration warrant. However, they may station an officer at the hospital or mandate you to report to CBSA upon discharge.
Does having a mental breakdown cancel the removal order?
No. A mental health crisis does not erase the fact that you overstayed a visa. However, severe psychiatric instability is a strong legal ground to request a temporary deferral of removal until you are fit to travel.
What is a Pre-Removal Risk Assessment (PRRA)?
A PRRA is a formal application evaluating the dangers you face if deported. If returning home means you will face persecution or a complete lack of necessary psychiatric care, a PRRA can protect you.
Can CBSA detain me in an immigration holding centre?
Yes. If CBSA believes you are a flight risk or a danger to the public, they can detain you. Your lawyer will immediately fight for your release at a Detention Review hearing, emphasizing your need for medical care.
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